• The Korean Society of Law and Medicine
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• v.16 no.1
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• pp.155-190
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• 2015

The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.

• Journal of Preventive Medicine and Public Health
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• v.10 no.1
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• pp.166-175
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• 1977

The author have performed an epidemiological study on the accidental deaths at industry from 1970 to 1975, in order to seek for the preventive measures of industrial accident with the under-standing of its cause and characteristics of the accidental deaths. The obtained results were as follows; 1. Total number of deaths for 6 years were 361 (350 males, 11 females). and the mean death rate was 33.8 per 100,000 industrial workers during 6 years. By the highest as 52.9 was in 1974 and the lowest as 13.7 in 1970. By the industry group, the death rate of Electricity, Gas and Water was 149.3, Construction 83.9 and the lowest was Manufacturing as 18.3. 2. Standardized mortality rate of the cases by the age group showed that 20-29 years old group was 43.0, 40-49 years old group 38.1, 30-39 years old group 32.0, and the lowest as 17.9 was under 19 years old group. 3. The cumulative percentage of the cases by years of service showed that under 6 months was 60.4%, under 1 year 72.9%, under 2 years 83.1%. 4. By the month of occurrence, the highest was 15.8% which occurred in August and the lowest was 5.8% in February. The highest as 19.1% was on Friday and the lowest as 11.9% on Monday by the day of a week. 5. By the causes of accident, car accidents was 28.3%, fall accidents 19.1%, accidents by a crash 9.1% in that order. By the location of injury, head was 44.6%, multiple injuries 33.0%, chest 10.5%, and back was the lowest as 1.9%. The distribution of the cases by nature of injury shelved that cerebral contusion and hemorrhage was 39.4%, fracture and dislocation 33.2%, asphyxia 8.0% in that order. 6. The cumulative percentage of the cases by the duration from injury to death showed that the injuried day was 74.2%, within 3 days after injury 88.5%, within 7 days 96.1%. Therefore most of the cases were occurred within 7 days after injury. 7. Byythe daily mean wages, most of the cases as 91.7% were under 2,000 won, and more 4,000 won was 1.6% merely.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.36 no.6
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• pp.1075-1082
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• 2016

In order to calculate the optimum installation interval between a speed hump and hump type crosswalk that are installed continuously in succession, this study examined the speed of a vehicle that passes different intervals between speed humps and hump type crosswalks from the approach section of a roundabout having a maximum speed limit of 30km/h; analyzed the effects of speed humps and hump type crosswalks installed continuously in succession on vehicle driving speed; and simulated the optimum installation height of hump type crosswalk. As a result, the following conclusion was drawn. First, it was found that the optimum interval between a speed hump and hump type crosswalk, which are the representative traffic calming techniques for reducing vehicle speed, to control vehicle speed under 30km/h is 30m. Second, as a result of comparing the deceleration of a vehicle that pass hump type crosswalks, it was found that if the installation interval is 65 m and above, a speed hump and hump type crosswalk had no effect. Therefore, it is desirable that the maximum installation interval between a speed hump and hump type crosswalk for controlling vehicle speed within a fixed road section should not exceed 65m. Third, the analysis showed that the optimum installation height of hump type crosswalk is 6-8cm in case vehicle speed at the approach section is 20km/h or lower, 8-10cm in case of 30km/h, and 10cm in case of 30km/h or higher, respectively. Fourth, even at a road section on which a speed hump and hump type crosswalk are installed, speed reduction effects may sometimes be insignificant due to a driver's studying effect, traffic conditions and so on. Thus, it is judged that speed reduction effects will be greater if several traffic calming techniques such as speed hump, chicane, and choker are applied at the same time. Therefore, in case of applying traffic calming techniques for the purpose of reducing vehicle speed in order to promote pedestrian safety, the composite application of several techniques should be considered.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• Journal of the Korean Applied Science and Technology
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• v.35 no.4
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• pp.1120-1133
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• 2018

The purpose of this study is to validate the failure attribution factors affecting emotional changes after a failed service by local restaurant users, and the relapse effects of the perceived failure of a customer's brand relationship. In this study, the implications of this study can be divided into the null theory and the homogenous theory, in which the study of the relationship between individual belief that influences the null theory and the post-gender emotional response is minimal. The independence of the crash response (angerous VS compassion) has been equally validated as building a belief-gathering-emotion three-step model. First, emotional BRQ (intimate and love) has a reduction effect on controllable geeks, and behavioral BRQ (relative existence) has an extended effect on controllable geeks. From a management perspective, restaurant managers should be less aware of the repeatability of a customer's service failure and call for customer sympathy. Integratedly, restaurant managers must control the customer's perception of service failure and restore the impact of the customer's BRQ on emotional reactions. A variety of service recovery measures should be established and the cerumen should be controlled. In addition, since BRQs have different effects on anger and sympathy (extended VS), different service failure recovery plans should be presented depending on the characteristics of the customer BRQ. For example, measures such as monetary compensation or fair dealing, emotional distribution to close and loving customers, and persuasion of reciprocal benefits to interdependent customers should be developed according to circumstances. This study explored the effectiveness of the geeks after a service failure and has limitations that do not take into account the various regulatory factors in the BRQ-return-Empression process. Thus, in further studies, the effects of adjusting service failure strength should be considered and a more complete model should be built.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• Journal of the Society of Disaster Information
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• v.16 no.4
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• pp.813-823
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• 2020

Purpose: In order to maximize the stability and productivity of the work through simulation prior to high-risk facilities and high-cost work such as dismantling the facilities inside the reactor, we intend to use digital twin technology that can be closely controlled by simulating the specifications of the actual control equipment. Motion control errors, which can be caused by the time gap between precision control equipment and simulation in applying digital twin technology, can cause hazards such as collisions between hazardous facilities and control equipment. In order to eliminate and control these situations, prior research is needed. Method: Unity 3D is currently the most popular engine used to develop simulations. However, there are control errors that can be caused by time correction within Unity 3D engines. The error is expected in many environments and may vary depending on the development environment, such as system specifications. To demonstrate this, we develop crash simulations using Unity 3D engines, which conduct collision experiments under various conditions, organize and analyze the resulting results, and derive tolerances for precision control equipment based on them. Result: In experiments with collision experiment simulation, the time correction in 1/1000 seconds of an engine internal function call results in a unit-hour distance error in the movement control of the collision objects and the distance error is proportional to the velocity of the collision. Conclusion: Remote decomposition simulators using digital twin technology are considered to require limitations of the speed of movement according to the required precision of the precision control devices in the hardware and software environment and manual control. In addition, the size of modeling data such as system development environment, hardware specifications and simulations imitated control equipment and facilities must also be taken into account, available and acceptable errors of operational control equipment and the speed required of work.

• The Journal of Korean Academy of Prosthodontics
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• v.46 no.2
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• pp.157-168
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• 2008

Statement of problem: Over the past two decades, implant supported fixed prosthesis have been widely used. However, there are few studies conducted systematically and intensively on the splinting effect of implant systems in mandible. Purpose: The purpose of this study was to investigate the changes in stress distributions in the mandibular implants with splinting or non-splinting crowns by performing finite element analysis. Materials and methods: Cortical and cancellous bone were modeled as homogeneous, transversely isotropic, linearly elastic. Perfect bonding was assumed at all interfaces. Implant models were classified as follows. Group 1: $Br{{\aa}}nemark$ length 8.5mm 13mm splinting type Group 2: $Br{{\aa}}nemark$ length 8.5mm 13mm Non-splinting type Group 3: ITI length 8.5mm 13mm splinting type Group 4: ITI length 8.5mm 13mm Non-splinting type An load of 100N was applied vertically and horizontally. Stress levels were calculated using von Mises stresses values. Results: 1. The stress distribution and maximum von Mises stress of two-length implants (8.5mm, 13mm) was similar. 2. The stress of vertical load concentrated on mesial side of implant while the stress of horizontal load was distributed on both side of implant. 3. Stress of internal connection type was spreading through abutment screw but the stress of external connection type was concentrated on cortical bone level. 4. Degree of stress reduction was higher in the external connection type than in the internal connection type.